집단적 자위권과 일본의 헌법해석변경에 관한 소고

On July 1 2014 Japanese cabinet opened an extraordinary session and adopted a decision on a new interpretation of Article 9 of the Japanese Constitution which permits exercising the right of collective self-defense. The problem of this decision is that it gives a full discretion to the future cabinet to decide whether an armed conflict between foreign states may result “manifest risk” to Japan or not. This new interpretative attitude seems to open the possibility for Japan to dispatch the Japanese National Defense Forces to any foreign territory in an armed conflict whenever wants. Following such a decision Right-wing oriented cabinet members in Abe administration strongly argue amending the current Japanese Constitution. Regarding the current socio-political situation in Japan, it would not exaggerate saying a possibility of overall amendment of Japanese Constitutional Law. Responding to such recent movements in Japan, the Government of the Republic of Korea recently manifested Japan may not exercise the right of collective self-defense to any event in Korean peninsula unless with a permission or a request of South Korea. This article deals with surrounding legal issues on the current movements in Japan on exercising the right of collective self-defense focusing its legality of the current new interpretive decision on collective self-defense by Japanese Abe cabinet.